Unknown. Final rule; delay of effective and compliance date; correction
2,925 words·~13 min read·
/register/2021/03/10/2021-04882A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2021-03-10.xml --- 86 45 Wednesday, March 10, 2021 Contents Agriculture Agriculture Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery, 13686 2021-04954 Antitrust Division Antitrust Division NOTICES Changes under the National Cooperative Research and Production Act: Cooperative Research Group on Particle Sensor Performance and Durability, 13734 2021-04972 DVD Copy Control Association, 13751-13752 2021-04974 Dynamic Spectrum Alliance, Inc., 13734 2021-04963 Electrified Vehicle and Energy Storage Evaluation, 13750 2021-04973 IMS Global Learning Consortium, Inc., 13752-13753 2021-04975 Open Source Imaging Consortium, Inc., 13751 2021-04964 OpenJS Foundation, 13752 2021-04962 Telemanagement Forum, 13753 2021-04968 The Open Group, LLC, 13751 2021-04959 Undersea Technology Innovation Consortium, 13752 2021-04957 Z-Wave Alliance, Inc., 13733-13734 2021-04976 Proposed Final Judgment and Competitive Impact Statement:
United States v. Evangelical Community Hospital, et ano., 13735-13750 2021-04953 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13719-13720 2021-04899 Civil Rights Civil Rights Commission NOTICES Meetings: South Carolina Advisory Committee, 13686-13687 2021-05006 Coast Guard Coast Guard RULES Safety Zone: Arkansas River, Mile Marker 126.6, Little Rock, AR, 13653-13655 2021-04949 Red River, Mile Marker 59, Moncla, LA, 13651-13653 2021-04948 Security Zone:
San Diego Bay, San Diego, CA, 13649-13650 2021-05079 Commerce Commerce Department See Economic Analysis Bureau See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Community Living Administration Community Living Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: State Annual Long-Term Care Ombudsman Report-National Ombudsman Reporting System, 13720-13721 2021-04944 Defense Department Defense Department RULES Federal Acquisition Regulation:
Circular 2021-05; Introduction, 13794 2021-04849 Circular 2021-05; Small Entity Compliance Guide, 13794-13795 2021-04850 Technical Amendment, 13794 2021-04848 Economic Analysis Bureau Economic Analysis Bureau NOTICES Annual Survey: Foreign Direct Investment in the United States, 13691-13692 2021-04925 Foreign Ocean Carriers' Expenses in the United States, 13690-13691 2021-04926 U.S. Direct Investment Abroad, 13692 2021-04922 Quarterly Survey: Financial Services Transactions between U.S.
Financial Services Providers and Foreign Persons, 13693-13694 2021-04931 Foreign Airline Operators' Revenues and Expenses in the United States, 13688-13689 2021-04924 Insurance Transactions by U.S. Insurance Companies with Foreign Persons, 13687-13688 2021-04929 Ocean Freight Revenues and Foreign Expenses of U.S. Carriers, 13688 2021-04927 Transactions in Selected Services and Intellectual Property with Foreign Persons, 13692-13693 2021-04930 U.S. Airline Operators' Foreign Revenues and Expenses, 13689-13690 2021-04928 U.S.
Direct Investment Abroad—Transactions of U.S. Reporter with Foreign Affiliate, 13690 2021-04932 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Assurance of Compliance—Civil Rights Certificate, 13701-13702 2021-04921 Teacher Cancellation Low Income Directory, 13702 2021-04989 Employment and Training Employment and Training Administration NOTICES Labor Certification Process for the Temporary Employment of H-2A and H-2B Foreign Workers in the United States:
Annual Update to Allowable Monetary Charges for Agricultural Workers' Meals and for Travel Subsistence Reimbursement, Including Lodging, 13756-13757 2021-04939 Request for Information: Report on Labor Market Information on the Native American Work Force, 13754-13756 2021-04938 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Meetings: International Energy Agency, 13702-13703 2021-04980 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;
Approvals and Promulgations: Kentucky; Jefferson County Existing and New Volatile Organic Compounds Storage Vessels Rule Changes, 13655-13658 2021-04967 Washington: Inspection and Maintenance Program; Correction, 13658 2021-04838 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Ohio; Infrastructure SIP Requirements for the 2015 Ozone NAAQS, 13671-13679 2021-02743 Texas; Reasonably Available Control Technology in the Houston=Galveston-Brazoria Ozone Nonattainment Area, 13679-13683 2021-02762 NOTICES Certain New Chemicals or Significant New Uses:
Statements of Findings for January through December 2020, 13706-13714 2021-04978 Clean Air Act Operating Permit Program: Petition for Objection to State Operating Permit for Hazlehurst Wood Pellets, LLC (Jeff Davis County, GA), 13716-13717 2021-04966 Request to Voluntarily Cancel Certain Pesticide Registrations: Cryolite and Propazine, 13714-13716 2021-04903 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points: Calais, ME, 13644-13645 2021-04823 Vicinity of Henderson, WV, 13642-13644 2021-04851 Airworthiness Directives:
Airbus Helicopters, 13633-13640 2021-04806 2021-04869 Airbus SAS Airplanes, 13640-13642 2021-04784 Sikorsky Aircraft Corporation Helicopters, 13631-13633 2021-04940 Operation of Small Unmanned Aircraft Systems over People; Delay; Correction, 13630-13631 2021-04881 Remote Identification of Unmanned Aircraft; Delay, 13629-13630 2021-04882 PROPOSED RULES Airspace Designations and Reporting Points: Doylestown, PA, 13670-13671 2021-04820 Northcentral United States, 13668-13670 2021-04873 Airworthiness Directives:
Airbus Helicopters Deutschland GmbH Helicopters, 13665-13667 2021-04804 Federal Communications Federal Communications Commission RULES Expanding Flexible Use of the 3.7 to 4.2 GHz Band, 13659-13660 2021-04999 FM Translator Interference, 13660-13664 2020-28063 PROPOSED RULES Television Broadcasting Services: Tulsa, OK, 13684 2021-01491 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13717 2021-05000 Federal Emergency Federal Emergency Management Agency NOTICES Flood Hazard Determinations;
Changes, 13725-13730 2021-04979 2021-04981 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 13705-13706 2021-04969 Complaint: Complaint of Michael Mabee Related to Reliability Standards, 13704 2021-04990 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Coso Battery Storage, LLC, 13703-13704 2021-04965 Records Governing Off-the-Record Communications, 13704-13705 2021-04961 Water Quality Certification Application:
United Water Conservation District; Waiver Period, 13704 2021-04991 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 13717-13718 2021-04947 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualification of Drivers; Exemption Applications: Hearing, 13786-13787 2021-04958 Federal Reserve Federal Reserve System NOTICES Change in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 13718 2021-05007 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 13718-13719 2021-04993 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 13787-13788 2021-04984 2021-04985 Foreign Trade Foreign-Trade Zones Board NOTICES Subzone Application: Piramal Critical Care, Inc.; Foreign-Trade Zone 44; Mt. Olive, NJ, 13694 2021-04992 General Services General Services Administration RULES Federal Acquisition Regulation: Circular 2021-05; Introduction, 13794 2021-04849 Circular 2021-05;
Small Entity Compliance Guide, 13794-13795 2021-04850 Technical Amendment, 13794 2021-04848 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Community Living Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration PROPOSED RULES Health Insurance Portability and Accountability Act of 1996 Privacy Rule, 13683-13684 2021-05021 NOTICES Meetings: National Committee on Vital and Health Statistics, 13721 2021-05009 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department RULES Manufactured Home Construction and Safety Standards;
Delay of Effective Date, 13645-13647 2021-05010 Interior Interior Department See National Park Service Internal Revenue Internal Revenue Service RULES Guidance: Passive Foreign Investment Companies; Correction, 13647-13649 2021-04789 2021-04790 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Large Vertical Shaft Engines Between 225cc and 999cc, and Parts Thereof, from the People's Republic of China, 13694-13695 2021-04994 International Trade Com International Trade Commission NOTICES Investigations;
Determinations, Modifications, and Rulings, etc.: Certain Semiconductor Devices, Wireless Infrastructure Equipment Containing the Same, and Components Thereof, 13733 2021-04902 Certain Woven Textile Fabrics and Products Containing Same, 13731-13733 2021-04923 Justice Department Justice Department See Antitrust Division NOTICES Proposed Consent Decree: Clean Water Act, 13754 2021-04897 Labor Department Labor Department See Employment and Training Administration See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Federal Contractor Veterans' Employment Report, 13757-13758 2021-04941 Marine Marine Mammal Commission NOTICES Meetings; Sunshine Act, 13759 2021-05034 Millenium Millennium Challenge Corporation NOTICES Meetings: Economic Advisory Council, 13760 2021-04916 NASA National Aeronautics and Space Administration RULES Federal Acquisition Regulation: Circular 2021-05; Introduction, 13794 2021-04849 Circular 2021-05; Small Entity Compliance Guide, 13794-13795 2021-04850 Technical Amendment, 13794 2021-04848 National Capital National Capital Planning Commission NOTICES Comprehensive Plan for the National Capital;
Amendment of Federal Elements, 13760 2021-04917 National Endowment for the Arts National Endowment for the Arts NOTICES Development of the National Endowment for the Arts' 2022-2026 Strategic Plan, 13760-13761 2021-03929 Meetings: National Council on the Arts, 13761 2021-04986 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Arts National Highway National Highway Traffic Safety Administration PROPOSED RULES Federal Motor Vehicle Safety Standards:
Test Procedures; Reopening of Comment Period, 13684-13685 2021-04933 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 13721-13723 2021-04886 2021-04891 2021-04950 National Center for Advancing Translational Sciences, 13723-13724 2021-04890 National Heart, Lung, and Blood Institute, 13723-13724 2021-04887 2021-04888 2021-04889 2021-04892 2021-04893 National Oceanic National Oceanic and Atmospheric Administration NOTICES General Provisions for Domestic Fisheries:
Application for Exempted Fishing Permits, 13700 2021-04908 Permits: Marine Mammals and Endangered Species, 13700-13701 2021-05003 Takes of Marine Mammals Incidental to Specified Activities: Marine Site Characterization Surveys off of Coastal Virginia, 13695-13700 2021-04905 National Park National Park Service NOTICES Intent to Repatriate Cultural Items: Kentucky Museum, Western Kentucky University, Bowling Green, KY, 13731 2021-04977 National Science National Science Foundation NOTICES Meetings:
Advisory Committee for Engineering, 13761-13762 2021-04896 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Exemption; Issuance: ADP CR3, LLC Crystal River Unit 3 Nuclear Plant, 13767-13768 2021-04997 Guidance: Fresh and Spent Fuel Pool Criticality Analyses, 13762 2021-04955 License Amendment Request: New York State Energy Research and Development Authority, Irradiated Nuclear Fuel Processing Plant, Western New York State Nuclear Service Center, 13762-13766 2021-05001 Meetings:
Advisory Committee on Reactor Safeguards, 13766-13767 2021-04952 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Requests for Nominations: National Advisory Committee on Occupational Safety and Health, 13758-13759 2021-04942 Postal Service Postal Service NOTICES Meetings; Sunshine Act, 13768-13769 2021-05098 Presidential Documents Presidential Documents EXECUTIVE ORDERS Voting Access; Promotion Efforts (EO 14019), 13623-13627 2021-05087 Securities Securities and Exchange Commission RULES Amendments to the Rules of Practice;
Correction, 13645 2021-04960 NOTICES Application: Brighthouse Life Insurance Company, et al., 13772-13776 2021-04934 Self-Regulatory Organizations; Proposed Rule Changes: Cboe Exchange, Inc., 13769-13772, 13776-13778 2021-04911 2021-04913 Financial Industry Regulatory Authority, Inc., 13780-13785 2021-04912 MEMX LLC, 13778-13780 2021-04910 Nasdaq PHLX LLC, 13772 2021-04909 State Department State Department NOTICES Convening of an Accountability Review Board to Investigate the Murder of an Animal and Plant Health Inspection Service Locally Employed Staff member in Tijuana, Mexico, 13785 2021-05004 Meetings:
International Maritime Organization's Sub-Committee on Navigation, Communication, and Search and Rescue, 13785 2021-04982 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings: Advisory Committee for Women's Services, 13724-13725 2021-04935 Trade Representative Trade Representative, Office of United States NOTICES Product Exclusion Extensions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 13785-13786 2021-04946 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service NOTICES Multiemployer Pension Plan Application To Reduce Benefits, 13788-13789 2021-05002 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Annual Certification of Veteran Status and Veteran-Relatives, 13790-13791 2021-04995 Application for Exclusion of Children's Income, 13791 2021-04970 Interest Rate Reduction Refinancing Loan Worksheet, 13789 2021-04895 Request for Employment Information in Connection with Claim for Disability Benefits, 13791-13792 2021-04901 Supplement to Forms (for Philippine Claims), 13789-13790 2021-04898 Survey of Individuals Using Their Entitlement to Educational Assistance under the Educational Assistance Programs, 13792 2021-04996 Separate Parts In This Issue Part II Defense Department, 13794-13795 2021-04849 2021-04850 2021-04848 General Services Administration, 13794-13795 2021-04849 2021-04850 2021-04848 National Aeronautics and Space Administration, 13794-13795 2021-04849 2021-04850 2021-04848 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 86 45 Wednesday, March 10, 2021 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Parts 1, 11, 47, 48, 89, 91, and 107 [Docket No.: FAA-2019-1100] RIN 2120-AL31 Remote Identification of Unmanned Aircraft;
Delay AGENCY: Federal Aviation Administration (FAA), U.S. Department of Transportation (DOT). ACTION: Final rule; delay of effective and compliance date; correction. SUMMARY: In accordance with the memorandum of January 20, 2021, from the Assistant to the President and Chief of Staff, titled “Regulatory Freeze Pending Review,” the Agency delays the March 16, 2021, effective date of the final rule, “Remote Identification of Unmanned Aircraft”, until April 21, 2021. As a result of the delay in the effective date, the Agency is also delaying the compliance date for the production requirements for remote identification broadcast modules by correcting the regulatory text.
DATES: As of March 10, 2021, the March 16, 2021, the effective date of the final rule published on January 15, 2021, at 86 FR 4390, is delayed to April 21, 2021. The incorporation by reference approval published in the January 15, 2021, rule at 86 FR 4390, is delayed to April 21, 2021. The correction to § 89.520 is effective April 21, 2021. FOR FURTHER INFORMATION CONTACT: Ben Walsh, Flight Technologies and Procedures Division, Federal Aviation Administration, 470 L'Enfant Plaza SW, Suite 4102, Washington, DC 20024; telephone 1-844-FLY-MY-UA (1-844-359-6981); email: *UAShelp@faa.gov.* SUPPLEMENTARY INFORMATION:
Electronic Access and Filing A copy of the Notice of Proposed Rulemaking
(NPRM)(84 FR 72438, December 31, 2019), all comments received, the Final Rule, and all background material may be viewed online at *http://www.regulations.gov* using the docket number listed above. A copy of this notice will be placed in the docket. Electronic retrieval help and guidelines are available on the website. It is available 24 hours each day, 365 days each year. An electronic copy of this document may also be downloaded from the Office of the Federal Register's website at *http://www.federalregister.gov* and the Government Publishing Office's website at *http://www.govinfo.gov.* Background On January 15, 2021, the final rule, “Remote Identification of Unmanned Aircraft” (RIN 2120-AL31) published in the **Federal Register** at 86 FR 4390. The final rule requires the remote identification of unmanned aircraft. The remote identification of unmanned aircraft in the airspace of the United States will address safety, national security, and law enforcement concerns regarding the further integration of these aircraft into the airspace of the United States, laying a foundation for enabling operational capabilities. On January 20, 2021, the Assistant to the President and Chief of Staff issued a memorandum titled, “Regulatory Freeze Pending Review.” The memorandum requested that the heads of executive departments and agencies take steps to ensure the President's appointees or designees have the opportunity to review any new or pending rules. With respect to rules published in the **Federal Register** , but not yet effective, the memorandum asked that agencies consider postponing the rules' effective dates for 60 days from the date of the memorandum for the purpose of reviewing any questions of fact, law, and policy the rules may raise. In accordance with this direction, the Agency has decided to delay the March 16, 2021, effective date of the final rule, Remote Identification of Unmanned Aircraft (RIN 2120-AL31), until April 21, 2021. Given the highly complex nature and length of Remote Identification of Unmanned Aircraft final rule, this delay in the final rule's March 16, 2021 effective date will afford the President's appointees or designees an opportunity to review the rule and will allow for consideration of any questions of fact, law, or policy that the rule may raise before it becomes effective. On the same day that FAA published the “Remote Identification of Unmanned Aircraft final rule”, FAA also published the “Operation of Small Unmanned Aircraft Systems Over People” final rule (86 FR 4314, January 15, 2021). The adoption of these two rules is inextricably connected. By separate action published elsewhere in this issue of the **Federal Register** , FAA is also delaying the effective date of the Operations of Small Unmanned Aircraft Systems over People final rule. Additionally, as a result of the delay in the effective date, the March 16, 2021 compliance date in § 89.520 for production requirements for remote identification broadcast modules is delayed until April 21, 2021. Waiver of Rulemaking and Delayed Effective Date Under the Administrative Procedure Act
(APA)(5 U.S.C. 553), the Federal Aviation Administration generally offers interested parties the opportunity to comment on proposed regulations and publish rules not less than 30 days before their effective dates. However, the APA provides that an agency is not required to conduct notice-and-comment rulemaking or delay effective dates when the agency, for good cause, finds that the requirement is impracticable, unnecessary, or contrary to the public interest. 5 U.S.C. 553(b)(B) and (d)(3). There is good cause to waive both of these requirements here, as they are impracticable and unnecessary. A delay in the effective date of the final rule, Remote Identification of Unmanned Aircraft, is essential for the President's appointees and designees to have adequate time to review the rule before it takes effect, and neither the notice and comment process nor the delayed effective date could be implemented in time to allow for this review, thereby making notice and comment impracticable. In addition, notice and comment on this delay is unnecessary because the delay is short, the effective dates remain aligned with the Operation of Small Unmanned Aircraft Systems over People final rule, and there is no change to the policy effectuated by the Remote Identification of Unmanned Aircraft final rule. This delay is insignificant in its nature and impact, and inconsequential to the regulated community and to the public. Correction In FR Doc. 2020-28948 (86 FR 4390) published on January 15, 2021, the following correction is made: § 89.520 [Corrected] 1. On page 4509, in the third column, in § 89.520, in the introductory text, the date “March 16, 2021” is corrected to read “April 21, 2021”. Issued in Washington, DC, under the authority provided by 49 U.S.C. 106(f), 40101, 40103, 44701(a)(5), 44805, 44809, and section 2202 of Public Law 114-190, dated on March 4, 2021. Steve Dickson, Administrator, Federal Aviation Administration. [FR Doc. 2021-04882 Filed 3-8-21; 8:45 am]
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Final rule; delay of effective and compliance date; correction
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